§ Miss McIntoshTo ask the Solicitor-General what assessment she has made of HM CPS inspectorate's report on inspection of the CPS in North Yorkshire; and if she will make a statement. [27682]
§ The Solicitor-GeneralThe HMCPSI report on North Yorkshire was published on 4 December 2001. The Attorney-General and I have considered the report and are pleased to note the positive picture that it presents.
The report identifies clear improvements since the last inspection of North Yorkshire in 1998. Inspectors found that the area had a very good sense of corporate identity supported by good communication, with an experienced, stable and committed staff and strong leadership. Good systems are in placed for monitoring and reporting on casework performance. The quality of the lawyers' decision-making is sound and cases are progressed well with on-going reviews. Some aspects of casework still require improvement but work is in hand to bring about the necessary improvements. The report commented positively on the quality of management of the area, standards of advocacy, relationships with other criminal justice agencies and the involvement of staff in community and specialist groups across the county.
Plans have already been agreed to tackle those areas highlighted in the report where further improvements are necessary and action will be taken to ensure even better performance in the future.
§ Bob SpinkTo ask the Solicitor-General what action she takes to prevent the use of inappropriate lesser charges by the Crown Prosecution Service. [28415]
§ The Solicitor-GeneralWhen considering any allegation, Crown Prosecutors are guided by statutory provisions and the Code for Crown Prosecutors. It is the duty of Crown Prosecutors to make sure that the right person is prosecuted for the right offence. In doing so, they must always act in the interests of justice and not solely for the purpose of obtaining a conviction.
The code further advises that Crown Prosecutors should select charges which reflect the seriousness of the offending, give the court adequate sentencing powers and enable the case to be presented in a clear and simple way. 496W This means that Crown Prosecutors may not always continue with the most serious charge where there is a choice.
There are two stages in the decision to prosecute. The first stage is the evidential test. If the case does not pass the evidential test, it must not go ahead. If the case does meet the evidential test, Crown Prosecutors must decide if a prosecution is needed in the public interest.
In addition to statutory provisions and the Code for Crown Prosecutors, the Crown Prosecution Service, Crown Prosecutors are guided by charging standards, nationally agreed with the police for a range of offences, including offences of violence. The charging standards for assaults were designed to ensure consistency in the charging and prosecuting of offences involving violence.
CPS Essex has moved to a Criminal Justice Unit and Trial Unit structure. This move, together with the Narey reforms have meant that prosecutors are involved at a far earlier stage of the process and are able to provide advice.
§ Bob SpinkTo ask the Solicitor-General how many cases, by category of offence, have been discontinued in the Essex Crown Prosecution Service in the last year for which records are available. [28420]
§ The Solicitor-GeneralThe Crown Prosecution Service does not record offences discontinued or dropped by offence category. However, in the year October 2000 to September 2001, CPS Essex finalised 27,942 defendant cases, in the magistrates and Crown courts, out of which cases against 3,163 defendants were discontinued. This represents 11.3 per cent. of the total casework, against a national average for discontinue of 13.1 per cent.
§ Bob SpinkTo ask the Solicitor-General what the target staffing level is of the Crown Prosecution Service in Essex; and what the actual level is. [28421]
§ The Solicitor-GeneralThe staffing level for the Essex area of the Crown Prosecution Service on 1 April last year was 106.2 posts, comprising 37.6 prosecutor posts, and 68.6 administrative posts. The Government have made substantial extra resources available to the Crown Prosecution Service, a 23 per cent. increase in real terms, which has enabled it to recruit significant numbers of extra staff.
Currently the Essex area has 115 staff in post, comprising 42 prosecutors and 73 administrative staff. This level of staffing meets the area's current needs.